Predator: original screenwriters try to recapture rights from Disney

Last Updated on July 30, 2021

THR reports that Disney's attempts at resurrecting the sci-fi/action Predator franchise may have come into jeopardy, as the original screenwriters – the brother duo Jim and John Thomas, who wrote the script Hunters that Predator was based on – have sued Disney to recapture the rights to the film.

The article explains:

The Thomas brothers are seeking to exploit copyright law's termination provision, which allows authors to cancel transfers after waiting a period of time, typically 35 years for newer works. Given the time frame, studios are facing the prospect of losing franchise rights to many iconic works from the 1980s…

Jim and John Thomas say they served a termination notice all the way back in 2016 — and for four and a half years heard no objection.

As stated in their complaint, "Then, in early January 2021, Defendants’ counsel unexpectedly contacted Plaintiffs’ counsel, contesting the Termination Notice as supposedly untimely, based on a theory that the 1986 Grant of the Screenplay underlying their Predator films allegedly qualified for the special, delayed termination time 'window' in 17 U.S.C. § 203(a)(3), intended for 'book publication' grants."

In response, the Thomas brothers say they served alternative notices of termination with later effective termination dates. That hasn't satisfied Disney so the Thomas brothers are now seeking declaratory relief. They are represented by Marc Toberoff, who has been somewhat of a specialist in copyright termination and notably represented the Friday the 13th writer in a court win (pending appeal).

Of course, Disney – who acquired 20th Century Fox, the studio that originally held the rights to the Predator franchise – are now countersuing the writers, as the studio has a new Predator film in the works with 10 Cloverfield Lane director Dan Trachtenberg (tentatively titled Skulls). Their statement is below:

20th Century seeks a declaration pursuant to 28 U.S.C. § 2201 that defendants’ notices of termination are invalid," continues the 20th Century complaint. "This action is necessary because defendants are improperly attempting to prematurely terminate 20th Century’s rights to the Hunters Screenplay, at the very time that 20th Century is investing substantial time, money, and effort in developing another installment in its successful Predator franchise.

We'll keep you updated as this develops.